February 26, 2014 · 8:57 AM
To limit the risk of litigating in multiple jurisdictions, regional and national prime contractors usually seek to centralize dispute resolution by including a forum selection clause in their subcontracts. But some states, North Carolina included, have statutes on the books declaring such clauses unenforceable as against public policy. See N.C. Gen. Stat. §§ 22B-2, 3. The legislatures in states like North Carolina apparently have concluded that subs should be able to litigate in the state in which the project is being built. While that public policy is no doubt embraced by local subs, it might irk primes who perform work across state lines.
Which begs this question: can prime contractors circumvent such anti-forum selection statutes and ensure home field advantage when litigating against first-tier subcontractors?
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Filed under Arbitration, Federal law, policy & news, Forum Selection Clauses, State law, policy & news, Subcontractors
Tagged as anti forum selection statutes, Atlantic Marine decision, Atlantic Marine forum selection, FAA preemption, faa preempts state law, federal arbitration act preemption, federal arbitration act preempts state law, forum selection clauses, home court advance construction disputes, how can a national contractor make sure it litigates in home state, litigating in home state, NC construction attorney, NC construction law, NC construction lawyer, U.S. Supreme Court forum selection case
October 15, 2013 · 9:45 AM
1. Now that North Carolina lawmakers have embraced public-private partnerships as a project delivery option for public works, what size projects might we see developed via P3? Well, if the $4.8 billion (yes, that’s billion, with a “b”) expansion of I-35E in Texas is any indication, the sky’s the limit. Here’s AGC SmartBrief editor Jennifer Hicks’ tweet about the big news from the Lone Star State:
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Filed under Bid Protests, Federal case law, Federal law, policy & news, Federal Procurement, Highway Contracts, Project Delivery Systems
Tagged as federal bid protests, forum selection clauses, hospitality industry North Carolina, hotel development Raleigh, hotel development Triangle, project delivery systems, public-private partnerships